Constitution

PREAMBLE

The national medical associations of the member states of ASEAN, recognising the importance of closer ties among the national medical associations in assisting all people in this region to attain the highest possible level of health, and realising the need for mutual cooperation and collective effort in maintaining the dignity and standards of the medical profession, having organised the Medical Association of South East Asian Nations (“MASEAN”), do hereby adopt and promulgate the Constitution in Jakarta, Indonesia on 1 March 1980.

ARTICLE 1

Name

The organisation shall be known as the Medical Association of South East Asian Nations, abbreviated as MASEAN. [The organisation shall be constitutionally governed in accordance with the provisions of the MASEAN Constitution and the By-Laws.]

ARTICLE 2

Objectives

To promote close ties among the medical associations and physicians in ASEAN;

To foster the study and dissemination of all aspects of medical knowledge;

To study and report on the problems which confront the profession in the region; and

To establish common policies in attaining the highest possible level of health care for the people.

ARTICLE 3

Membership

The unit of membership shall be the national medical association of each member country of ASEAN. Each of these national medical associations shall become full members of MASEAN and have voting rights and be able to nominate Officers.

Associate membership shall be open to the national medical association of countries which have applied to join MASEAN, but have not attained full membership of ASEAN. Associate members shall have no voting rights and cannot nominate Officers. Approval of Associate membership shall be granted by the MASEAN Council at a MASEAN Conference. Upon confirmation of the country’s ASEAN membership, the national medical association of the country shall automatically become a full member of MASEAN.

ARTICLE 4

Council

The MASEAN Council shall consist of the Officers and council members of MASEAN. The Council shall exercise general direction on the policies and affairs of MASEAN. A member association (holding full or associate membership) that fails to send any delegate(s) to a MASEAN Conference should inform the incoming MASEAN Council of its nominees for council members.

ARTICLE 5

Conference

The MASEAN Conference shall be held in accordance with the provisions of the By-Laws. Each member association (holding full or associate membership) shall be entitled to nominate up to four (4) official delegates to the MASEAN Conference.

ARTICLE 6

Officers

The Officers of MASEAN shall consist of the Chairman, Vice-Chairman, Secretary-General, Deputy Secretary-General and Treasurer.

ARTICLE 6A

Finance

The MASEAN Council may work with government, professional or private-sector organisations toward establishing funding for the benefit of all member associations collectively. These funds shall be secured and maintained in accordance with the provisions of the By-Laws. Where necessary, the MASEAN Council will establish further guidelines and procedures to secure these funds and ensure their prudent placement and utilisation. All such activities shall be in accordance with best ethical [practice] and strict professional conduct.

There shall be a Finance Committee in accordance with the provisions of the By-Laws.

ARTICLE 7

Amendment of Constitution and By-Laws

The Constitution and By-Laws may be amended at a meeting of the MASEAN Council, provided always that notice of any proposal to amend the Constitution and By-Laws shall be sent to the Secretary-General not later than (3) months prior to the meeting of the MASEAN Council and that such notice must appear on the agenda for the meeting.

ARTICLE 8

Voting

Decision on all matters shall be by consensus. When this is not possible, a decision will be made by a simple majority where each member association (holding full membership) present shall be entitled to one (1) vote. In the event that the number of member associations (holding full membership) present at the MASEAN Conferences or Council Meeting, as the case may be, is even, the Chairman shall have the casting vote.

ARTICLE 9

Secretariat

There shall be a Secretariat of MASEAN, hosted by a member association (holding full membership), located in a city within ASEAN. The term of the Secretariat shall be four (4) years and is renewable at the end of each term at a MASEAN Conference.

ARTICLE 10

Quorum

The presence of a simple majority of full MASEAN member associations shall constitute a quorum for all MASEAN Conference and Council Meetings. There must be a quorum before any business can be validly transacted.

BY-LAWS

1. Delegates

The four (4) delegates to the MASEAN Conference from each member association (holding full or associate membership) shall be nominated by the member country. Each delegate shall be a duly qualified and registered medical practitioner and a certified member of his/her national medical association.

For members of ASEAN without a national medical association, the Ministry of Health of these countries is entitled to send up to four (4) official observers to the MASEAN Conference. However, such observers will not have voting rights.

2. Officers

The Chairman shall be appointed by the member association hosting the MASEAN Conference. The Vice-Chairman shall be appointed by the member association that is hosting the next MASEAN Conference. Their term of office shall be two (2) years.

The Secretary-General shall be appointed by the member association hosting the Secretariat and the appointment shall be ratified by the MASEAN Council. The Secretary-General shall be the head of the Secretariat of MASEAN.

The Deputy Secretary-General shall be from the member country that the Chairman of MASEAN Council is from. The term of office shall be of the same duration as and coincide with that of the Chairman.

The Treasurer shall be appointed by decision of the MASEAN Council provided always that the appointment is ratified by the MASEAN Conference. The term of office shall be two (2) years.

The Officers of MASEAN shall hold office in an honorary capacity and shall not receive remuneration in respect of their office.

2A. Council Members

Each member association (full and associate member) shall nominate two (2) council members. One of them must be the incumbent president of the national medical association unless the incumbent president is already an Officer. Should there be a change in the incumbent president of a member association (full and associate member) and the incumbent president is not already on the MASEAN Council, the member association shall re-nominate its council members to comply with the requirements under this By-Law. Their term of office shall be two (2) years.

3. Finance

No subscription fee will be levied. By decision of the MASEAN Council at a Council Meeting, the following shall be defrayed out of MASEAN funds that have been raised by the MASEAN Council in accordance with Article 6A of the Constitution:

Expenses for international transportation and accommodation incurred by member associations in relation to MASEAN Conferences,

Expenses for internal transportation and meals incurred by the host in relation to MASEAN Conferences

The maintenance of the MASEAN Secretariat

The Treasurer shall ensure that all funds raised by the MASEAN Council in accordance with Article 6A of the Constitution shall be kept in an account in a recognised bank in Singapore [or such other country as the MASEAN Council may from time to time direct]. Funds that are not immediately required to meet the expenses of MASEAN should be placed on deposit with a recognised bank or invested in readily realisable securities (such as government bonds or money market funds) as determined by the Treasurer together with the Finance Committee and subject to the approval of the MASEAN Council.

The Finance Committee shall comprise of not more than four members, and their term of office shall be two (2) years.

[The Treasurer shall ex officio be a member of the Finance Committee.] The other members of the Finance Committee shall be appointed by the decision of the MASEAN Council provided always that each appointment is ratified by the MASEAN Conference.

The Treasurer together with the Finance Committee shall ensure that proper accounting records are kept in respect of the funds and of MASEAN’s income and expenditure at all times, and shall submit a full and proper set of financial statements for audit as required.

An external auditor shall be appointed and be allowed to examine such records and statements in so far as they relate to the funds and MASEAN’s income and expenditure and to take copies and extracts of such records and statements for the purposes of verifying the accuracy of all records and statements given by the Treasurer and the Finance Committee. The external auditor shall also be required to keep confidential all information learnt during such examination.

The external auditor shall, at every annual budget review conducted during an ordinary MASEAN Council Meeting, present an audited statement of the income and expenditure of MASEAN and of its assets and liabilities.

The appointment of the external auditor and his remuneration shall be by the decision of the MASEAN Council provided always that such decisions are ratified by the MASEAN Conference.

The MASEAN Council shall not enter into a commitment to spend any funds unless satisfied that MASEAN will have sufficient funds available to meet payment(s) under that commitment.

Any two Officers shall be the signatories of cheques drawn under the funds, provided always that the Treasurer is one such signatory.

4. Meetings and Conferences

A MASEAN Conference shall be held every two (2) years and will be hosted by the member associations in turn according to alphabetical order of the name of each member country unless otherwise determined in the preceding MASEAN Conference.

An ordinary MASEAN Council Meeting shall be held every year. An annual budget review shall be conducted at every such ordinary MASEAN Council Meeting.

The host of the MASEAN Conference shall not bear the cost of international transportation of the delegates to the host country and accommodation of the delegates but should facilitate visa applications and hotel reservations if so requested.

No registration fee shall be charged for official delegates from member associations by the host of the MASEAN Conference. Internal transportation and meals should be provided by the host for the delegates for the duration of the MASEAN Conference[, and the expenses incurred in so doing shall, be defrayed out of MASEAN funds in accordance with By-Law 3a].

Extraordinary Meetings of the MASEAN Council shall be held [within sixty (60) days] following the receipt by the Secretary-General of a written request of a simple majority of full member associations.